In Sept I recieved a speeding fine (36 in 30 zone)for a vehicle registered in my husbands name, he completed the NIP and I was fined £60 plus 3 penalty points which I paid and delat with. About three weeks ago I was going through some paperwork and was most surprised to come across a NIP for another speeding offence for around the same time but on another road, this a court summons for failing to name the driver. Obviously he is very upset as he may get 6 points on his licence and he already has 6 points so that would be an instant ban and he would potentially loose his job?!

This was a genuine oversight and we have nothing to gain by not siclosing the driver. I was the one at fault and will obvioulsy accept all responsiblity for this but I feel so bad that my husband may get banned which would destroy us! Any advice would be greatly appreciated. Many thanks

Charliebros

Wed, 18 Feb 2009 - 18:47

Just realised that my post is a bit confusing - about 3 weeks after sending off the NIP my husband received a court summons for failing to name the driver...

andy_foster

Wed, 18 Feb 2009 - 19:06

Please visit the READ ME FIRST section (Click Here), answer all the questions in the NIP Wizard (including the detailed questions reached by clicking on the Additional Questions button on the second page), and the Wizard will then post its output back here to enable us to help you.

edit: The above is for the NIP that you have received the summons for not responding to - not for the one that has been put to bed.

Charliebros

Wed, 18 Feb 2009 - 19:18

NIP Details and CircumstancesWhat is the name of the Constabulary? - Date of the offence: - August 2008Date of the NIP: - 7 days after the offenceDate you received the NIP: - 8 days after the offenceLocation of offence (exact location as it appears on the NIP: important): - A676 Bolton Rd North 30 mph nr Primary School(NE), Stubbins (F Div) MobileWas the NIP addressed to you? - YesWas the NIP sent by first class post, second class or recorded delivery? - Not knownIf your are not the Registered Keeper, what is your relationship to the vehicle? - How many current points do you have? - 6Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - Due to the fact another NIP was recieved from the same constabulary in June to which we requested further info there was confusiion that this NIP related to a separate incident. THerefore it was filed away and only completed appox 3 weeks ago. I would add that this was prior to recieving a court summons for a S172 and we had absolutly no intention of trying to avoid the points or the fine. The car belongs to my husband who has recieved the summons but I was driving the vehicle and accpet full responsibily. I have filled out the NIP wizard from my husbands perspective.

NIP Wizard ResponsesThese were the responses used by the Wizard to arrive at its recommendation:Have you received a NIP? - YesAre you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - YesDid the first NIP arrive within 14 days? - UnsureAlthough you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - NoWere you driving? - NoDo you know who was driving? - Yes

NIP Wizard RecommendationBased on these responses the Wizard suggested that this course of action should be considered:

Complete the Section 172 statement naming the person you believe was driving.You aren't incriminating them - they'll receive a NIP to complete themselves in due course.

(You might also like to let that person know that they can expect to receive one, and give them the link to this Wizard for when it arrives!)

There is a defence for providing the information after the 28 days, if you can prove that it was not reasonably practicable to do so any earlier, but it would seem a bit of a stretch to apply that to the instant case.

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